Kenneth Paciocco v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2025)

Kenneth Paciocco filed a petition for compensation on May 22, 2025, alleging that the influenza vaccine he received on October 12, 2022, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). Mr.

Paciocco submitted medical records to support his claim. On June 30, 2025, Mr.

Paciocco's counsel filed a motion to dismiss the petition. Counsel stated that on June 22, 2025, they became aware of a recent diagnosis of a different medical condition for Mr.

Paciocco, which made it impossible to prove entitlement to compensation. Mr.

Paciocco agreed to the dismissal, intending to preserve his rights to file a civil action in the future and to reject judgment against him. Special Master Christian J.

Moran noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a competent physician's opinion. The public decision does not describe the specific medical records submitted, the nature of the different medical condition diagnosed, or any expert opinions.

Mr. Paciocco did not obtain a supportive expert report.

The Special Master construed the motion as one for dismissal due to insufficient proof. Consequently, the case was dismissed with prejudice for insufficient evidence to establish vaccine causation.

The decision was issued on July 17, 2025. Petitioner's counsel was Elizabeth Kyla Abramson, and respondent's counsel was Heather Lynn Pearlman.